What is fundamental Right

Fundamental rights (secured and guaranteed rights) are contained in part III, also called Magna carta of India.
Nehru committee Report(1928) demanded for inalienable Fundamental right( Inspired by American Bill of
Rights). Advisory committee under Sardar Vallabhbhai Patel on Rights of citizens, Minorities, Tribals and
excluded areas, was set up on 24
th
Jan 1947. Committee gave its report on 27
th
Aug and was accepted the next
day.
Framing of the Fundamental rights were influenced by
Bill of Rights of American constitution, French declaration of Rights of Man and Irish, Japan and
Myanmar constitution.
Universal declaration of Human Rights was at final stage of drafting at UN.
Why do we need it?
To foster confidence among people who were handicapped by long british rule, presence of various religious
minorities, and presence of untouchability.
Justifiable Right: Fundamental Right ; Non-Justifiable Right: DPSP
Fundamental Right Vs legal Right:
Cant be changed by ordinary law and one can move to High court and Supreme Court for enforcement. Right to
remedy itself is a fundamental right.
The Constitution (Forty-fourth Amendment) Act, 1978, taken away the Right to property (Article 31) as a
Fundamental Right and was made a legal right under new Article 300 A.
Suspension of Fundamental Rights:
Article 358: Freedom of speech etc under article 19 is suspended when there is emergency under 352.
Article 33: Curtailment of rights of forces for keeping peace.
Article 34: Indemnifying anyone during Marshall Law.
Articles
Article 12:
It defines STATE as Union and state government, Parliament and state legislature, local bodies and any authority
under the government.
Government includes any department or any organisation under the department.
Authority means any body deeply controlled by govt. ONGC is part of state, NCERT is not.
Fundamental Rights are binding on state and not on non-state entity like Cooperative society.
Article 13:
It provides teeth to fundamental right and makes it justifiable. For enforcement of fundamental Right a person
can approach supreme court or high court. For enforcement of other legal right one has to go to ordinary court.
Every law not in conformity with FR is declared void. Every legislation, declaration , notification, and
even ordinance (123 & 213) has to be in conformity with the FRs. This makes all legislations to come
under judicial review.
Article 14:
It aims to establish the Equality of Status and Opportunity as embodied in the Preamble of the Constitution.
Identical treatment in unequal circumstances would amount to inequality. No class legislation.
Article 15:
15.3 allows the state to make special provision for women.
15.4 ( Added by 1
st
amendment in 1951) and 15.5 ( Added by 93
rd
amendment in 2005) allows to make
special provision for economically, socially backward and SC and ST.
Protective discrimination is also a facet of equality.
Article 15(4) and 15(5) are the foundation bricks of reservation policy in India.
No mention of Disability.
Article 16:
Equal opportunity for all citizens and ; emphasizes on universality of Indian Citizenship.
Article 17:
Abolition of Untouchability
Article18:
Abolishment of Title
Article 19:
Enumerates right of freedom of speech, assembly, union, movement, settlement and employment.
There are exception to the freedom of speech in the case of contempt of court, incitement, Public order
etc
As per article 358, Article 19 is suspended during proclamation of emergency under article 352.
Other clauses of article 19 were added by 1
st
constitutional amendment Act, 1951.
19(f), Right to acquire, hold and dispose property has been repealed by 44
th
amendment.
Freedom of press has not been explicitly mentioned.
Article 20 (Convection of offence):
20(3), No person will be compelled to be witness against himself.
Article 21 (Protection of Life and personal liberty)
Article 22 (protection of arrest and detention) :
Arrested person has the right to know the ground of his arrest, defended by legal practitioner of his
choice and presented before the magistrate within 24 hrs.
As per 22(3), these right are not given to alien enemy and person arrested under law providing for
preventive detention.
Article 23 Prohibits:
Begar
Even when state takes relief work, workers cant be paid below a certain wage. Prisoners of
under trail and preventive detention would also be paid minimum wage if they prefer to work.
The Bonded labour system(Abolition) act 1976.
Human Trafficking:
The immoral traffic (Prevention) Act 1956

Article 24
Prohibits Child labour in factory, mines or any other hazardous employment.
Construction work is also hazardous employment (by the ruling of SC)
Enforces DPSP, 39(f).
Article 25-28 (right to freedom of religion):
25: Subject to public order, morality and health every person has right to profess, practice, preach and
propagate any religion. Forced conversions enjoy no protection under the provisions of Article 25.
26: Right to establish and maintain institutions for religious and charitable purposes and manage their affair,
properties as per the law.
27: No tax payment for promotion or maintenance of particular religion or religious institutions.
28: No religious instruction in the state funded institutions.

Article 29 and 30 ( Cultural and educational right):
29: Any citizen / section of citizens having a distinct language, script or culture have the right to conserve the
same.
30: All minorities, whether based on religion or language, shall have the right to establish and administer
educational institutions of their choice and at the same time can also claim for grant-in-aid without any
discrimination